to Index Page.Land Development Code amendments must have two hearings. A final hearing is set for June 12.
Thursday, May 30, 2002
By DENISE ZOLDAN, dczoldan@naplesnews.com
Saying they are giving citizens what they want, Collier County
commissioners took a wrench to the county's rule book for development
Wednesday night, tightening it in several spots.
Among other changes, commissioners approved an amendment to the Land
Development Code that requires an estimated 14 to 16 older planned
developments that have not begun construction to return for new approval
or prove they have not begun building through no fault of their own.
"We need some flexibility to accommodate petitioners in the event they
are not able to proceed because of reasons they had no control over such
as moratoriums and permits," Commissioner Fred Coyle said.
Commissioners also changed the code to require new planned developments
to come back for approval within three years if they haven't begun
construction.
Planned Unit Developments are planned communities that have commission
approval for often hundreds of residential units as well as commercial
spaces. The 14 to 16 existing PUDs were approved under development rules
that no longer exist. Commissioners wanted to get the old PUDs off the
books because they do not adhere to more modern planning ideas the county
is now adopting.
Urban planners now say smart growth allows some commercial and
residential units to coexist side-by-side in a way that allows residents
to shop and conduct other business without leaving the development,
thereby not clogging main roads. The modern developments also have
interconnecting roads so residents can drive to nearby stores without
entering the major highways.
Commissioners said they are changing the land development code in
response to the community's concerns about development.
"The direction we are going in is really what the community wants,"
Commissioner Tom Henning said. "We are going to get what the community
wants."
Many of the code changes approved Wednesday night were in direct
response to community outcry over particular issues including the
following code changes that:
n Do away with the
possibility of developers reducing side-yard setbacks by designing
wedding-cake type buildings where the first floor of a structure can be
wider than upper floors and the side-yard setbacks are based on the height
of the first floor.
Commissioners clarified that setbacks must equal half the height of the
building. Vanderbilt Beach residents are fighting to get a high-rise condo
under construction on Vanderbilt Drive torn down because they say it does
not adhere to the county height rules.
n Delete language that
allows the planning director to grant approval for conditional uses not
specifically addressed in the code. Such requests would now go before
commissioners. Residents have been critical of this rule, saying it gives
too much power to a bureaucrat.
n Amend parking rules in
several ways, including allowing driveways to be 20 feet wide or 40
percent of the front yard, whichever is larger. Residents in Naples Manor,
Naples Park and Golden Gate complained about residents parking cars all
over front yards, resulting in new countywide rules for parking and
driveway widths.
n Allow county wells to be
approved by the state only, dropping the conditional use process.
n Allow businesses to buy
and sell in bulk gas and diesel fuel to farmers in the farm market overlay
subdistrict in Immokalee, a small area off New Market Road.
n Require commercial
businesses on property adjacent to residential property to house business
vehicles in an enclosed building, unless commissioners grant a conditional
use.
n Remove churches as
permitted uses in commercial areas, making them seek conditional uses from
commissioners. Staff said the change is needed because churches now have
so many accessory buildings, conditional uses are necessary.
n Allow murals that
promote the community to be painted on building walls within the Immokalee
overlay district.
n Extend adopted
moratoriums in the rural fringe area until the LDC amendments proposed
become effective, which could add another year to the moratorium. The
moratorium is set to end in January.
n Clarify requirements for
pedestrian walkways between parking lots and buildings.
n Decrease the minimum
distance between fire hydrants in commercial and industrial areas,
multifamily areas and where single-family homes are larger than 5,000
square feet, from 500 feet to 300 feet. They also increased the distance
between hydrants in residential areas from 300 feet to 500 feet.
Land Development Code amendments must have two hearings. A final
hearing is set for June 12.
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